STATE OF HIMACHAL PRADESH Vs. RAJINDER PAL

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/State (hereinafter referred to as "the appellant") laying challenge to the judgment, dated 30.10.2006 passed by the learned Chief Judicial Magistrate, Sirmaur at Nahan, H.P., in Criminal Case No. 24/2 of 2005/04, whereby the accused/respondent (hereinafter referred to as "the accused") was acquitted for the offence punishable under Section 279, 337, 338 and 201 of Indian Penal Code and Section 196 of The Motor Vehicle Act.

(2.) Tersely, the facts giving rise to the present appeal, as per the prosecution, are that on 24.11.2004, around 01:00 p.m., on Nahan-Paonta Sahib State Highway, at Markanda Bridge, the accused was driving motorcycle, bearing registration No. HP-17-7224, in a rash and negligent manner, endangering human life. As a result, the accused rammed his motorcycle against the motorcycle of the complainant (Rakesh Ramol), bearing registration No. HP-17A-1352, due to which the complainant and pillion rider suffered simple as well as grievous injuries. The accused fled away from the spot after the accident. Subsequently, the injured were shifted to Zonal Hospital, Nahan, where injured Rakesh Ramol got recorded his statement under Section 154 Cr.P.C., whereupon FIR was registered against the accused. Police visited the spot and photographs of motorcycle, bearing registration No. HP-17A-1352, were taken. Later on, whereabouts of the motorcycle having registration No. HP-17-7224 were ascertained by the police and the accused could not produce any valid insurance certificate qua the vehicle. As the accused fled away from the spot after the accident, thus he caused disappearance of evidence against him. Photographs of motorcycle, bearing registration No. HP-17-7224, were also taken and site plan was prepared. Both the motorcycles, which were involved in the accident, were taken into possession and got mechanically examined. After completion of investigation, challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as nine witnesses. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he denied the prosecution case and claimed innocence.